Resolution-ZA 1990-60e^`'
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DECISION OF THE ZONING ADMINISTRATOR - ZA 90-60
HEARING DATE: August 9, 1990
PETITION: CONDITIONAL USE PERMIT NO. 3316
CEQA STATUS: NEGATIVE DECLARATION
OPPOSITION: One person indicated her presence at the public hearing in
favor of the proposal; no one indicated their presence in
opposition; and no correspondence was received.
OWNER: Rose C. Fukuda, 332 Peralta Hills Drive, Anaheim CA 92807
AGENT: Isamu Sam Morita, 332 Peralta Hills Drive, Anaheim CA 92807
LOCATION: 1920 East Center Street
REQUEST: Petitioner requests approval of a conditional use permit under
authority of Code Sections 18.12.050.040 and 18.44.050.120 to permit
a day care center for 70 children with the following waivers:
(a) SECTIONS 18.04.043.101 - Maximum fence height.
18.12.060.090 (3 feet permitted in front setback;
and 18.44.064..080 4 feet proposed)
(b) SECTIONS 18.06.050.0268 - Required parking.
18.12.060.110
and 18.44.066
Having been appointed Zoning Administrator by the Planning Director to decide
the' above-referenced petition, pursuant to Anaheim Municipal Code Section
18.12.020, and a .public hearing having been duly noticed for and held on the
date set forth above, I do hereby find, pursuant to the Sections 18.02.030.030
through 18.02.030.035 of the Anaheim Municipal Code:
1. That the proposed use is properly one for which a conditional use permit
is authorized by the Zoning Code;
2. That the proposed use will not adversely affect the adjoining land uses
and the growth and development of the area in which is is proposed to be
located;
3. That the size and shape of the site for the proposed use is adequate to
allow the full development of the proposed use in a manner not
detrimental to the particular area nor to the peace, health, safety, and
general welfare;
4. That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways designed and improved to carry the
traffic in the area;
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Conditional Use Permit No. 3316
Page 2
5. That the. granting of the conditional use permit under the conditions
imposed, if any, will not be detrimental to the peach, health, safety and
general welfare of the citizens of the City of Anaheim;
6. That. the requested waiver (a) is minimal amounting to a fence that is
only l-foot higher than permitted by Code, and that the design and
location of the fence will be such that no vehicle and/or pedestrian
Lines-of-sight are adversely impacted; and
7. That waiver (b) is denied on the basis that it was deleted following
public notification.
CALIFORNIA ENVIRONMENTAL oUALITY ACT FINDING: That the Zoning Administrator
has reviewed. the proposal to permit a day care center .for 70 children-with
waiver of maximum fence height and required parking (deleted) on an
irregularly-shaped parcel of land .consisting of approximately 0.36 acre
located between Center Street and Lincoln Avenue, having approximate frontages
of 113 feet on the south side of Center Street and 118 feet on the north side
of Lincoln.. Avenue, having a maximum depth of 172 feet, being located
approximately 360 feet west of the centerline of State College Boulevard and
further described as 1920 East Center Street; and does hereby approve the
Negative Declaration upon -finding that she has considered the Negative
Declaration together with any comments received during the public review
process and further finding-on the basis of the initial study and any comments
received that there is no substantial evidence that the project will have a
significant effect on the environment.
Based on the evidence and testimony ,presented to me, I do hereby determine to
approve Conditional Use Permit No. 3316, in part, subject to the following
conditions:
1. * That street lighting facilities along Lincoln Avenue shall be installed
as required by the Utilities .General Manager in accordance with
specifications on file in the Office of the Utilities General Manager;
or that security in the form of a bond, certificate of deposit, letter
of credit, or cash, in an amount and form satisfactory to the City of
Anaheim, shall be posted with the City to guarantee the satisfactory
completion of the above-mentioned improvements. ,Said security shall be
posted with the City of Anaheim prior to issuance of a building permit.
The above-required improvements .shall be installed prior. to occupancy.
2. * That subject property shall be served by underground utilities.
3. * That .fire sprinklers shall be installed as required by the Fire
Department.
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Conditional Use Permit No. 3316
Page 3
4. That a local fire alarm system shall be installed as required by the
Fire Department.
5. * That prior to rendering of water service by the Water Engineering
Manager, the appropriate fees due for primary water mains, fire
protection service shall be paid to the Water Engineering Division in
accordance with Rules 15A and 20 of the Water Utility Rates, Rules and
Regulations.
$. .That a flow test to determine if the. water system can provide adequate
fire flow shall be provided. Any off-site water system upgrades shall
be required before issuance of a building permit.
7. *-That trash storage areas shall be provided and maintained in.a location
acceptable to the Street Maintenance. and Sanitation Division and in
accordance with. approved plans on file with. said. division. Such
information shall be specifically shown on the plans submitted for
building permits.
8. * That prior to issuance of a building permit, the appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an amount
as established by City .Council resolution.
9. That the :.existing driveways on Center Street shall be removed and
replaced with standard curb, gutter, sidewalk-and landscaping..
10. That no driveways. shall be permitted on Lincoln Avenue.
I1. * That gates shall not be installed. across any driveway in a manner which
may adversely affect vehicular traffic- in the .adjacent. public streets.
Installation of any gates shall conform to Engineering Standard Plan No.
402 and shall be subject to the review and approval of the City Traffic
Engineer prior to issuance of a building permit.
12. * That plans shall be submitted to the City Traffic Engineer for his
review and approval: showing conformance. with the latest revision of
Engineering Standard Plan Nos.. 436- and 602 pertaining to parking
standards. Subject property shall thereupon be developed and maintained
in conformance with said plans..
13. That all driveways shall be constructed to accommodate ten (10) foot
radius curb returns in conformance with Engineering Department Standards.
14. That the vehicular access rights to Lincoln Avenue shall be released and
relinquished to the City of Anaheim.
15. * That the ..legal owner of subject property shall irrevocably offer to
dedicate to the City of Anaheim an easement sixty (60) feet in width
from the centerline of the street along Lincoln Avenue for street
widening purposes.
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Conditional Use Permit No. 3316
Page 4
16. * That prior to issuance of a building permit, a cash payment shall be
made to the City of Anaheim for the cost of removing existing street
improvements along Lincoln Avenue and reconstruction/construction of
full street improvements at the ultimate location.
17. * That sidewalks shall be installed along Center Street as required by the
City Engineer and in accordance with standard plans and specifications
on file in the Office of the City Engineer.
18. * That curbs and gutters shall be repaired along Center Street as required
by the City Engineer and in accordance with standard plans and
specifications on file in the Office of the City Engineer.
19. That prior to issuance of a building permit,. specific plans for the
proposed four (4) foot high fences/walls in the front setbacks along
Center Street and Lincoln Avenue shall be submitted to the Planning
Department and City Traffic Engineer for review and approval. Said
plans shall show the precise locations, specific construction materials
and design of said 4-foot high walls and shall also show any driveways
on adjacent properties in order that the City Traffic Engineer can
verify that no vehicle and/or pedestrian lines-of-sight are adversely
.impacted by .said walls.
20. That subject property shall be developed substantially in accordance
with plans and specifications submitted to the City of Anaheim by the
petitioner and which plans are on file with the Planning Department
marked Exhibit Nos. 1 and 2; including the proposed four (4) foot high
fences/walls. in the front setbacks along Center Street and Lincoln
Avenue, as approved by the City Traffic Engineer.
21. That prior to issuance of a building permit or within a period of one
(1) year from the date of this decision, whichever occurs first,
Condition Nos. 1, 5, 6, 7, 8, 12, 14, 15, 16 and 19, above-mentioned,
shall be complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 of the
Anaheim Municipal .Code.
22. That prior to final building and zoning inspections, Condition Nos. 1,
2, 3, 4, 9, 13, 17, 18 and 20, above-mentioned, shall be complied with.
23.,* That approval of this application constitutes approval of the proposed
request only to the extent that it complies with the Anaheim Municipal
Zoning Gode and any .other applicable City, State and Federal
regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable
ordinance, regulation or requirement. Conditions marked with an
asterisk (*) are required by established laws, codes, regulations and
agreements and are, therefore, not subject to negotiation.
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Conditional-Use Permit No. 3316
Page 5
This decision is made, signed, and entered .into the file this sixteenth day of
August, 1990.
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A ika M. Santalahti
Zoning Administrator
NOTICE: ...This decision shall become final unless an appeal to the City
Council, in writing, accompanied. by an appeal fee, is filed with the City
Clerk within 15 days of the date of the signing of this decision or unless
members of the City Council shall request. to review this decision within said
15 days.
DECLARATION OF SERVICE BY MAIL: I do hereby. declare. under .penalty of perjury
that on the date set forth below,'I did deposit, in the United States Mail, a
copy of the decision to the applicant and did forward a copy to the City Clerk..
DATED: August 16, 1990 ~~ ~~K' _ ~~.!~~
Pamela H. Starnes, Executive Secretary
0563g 5 ZA 90-60